HomeMy WebLinkAboutNordahl & Company, Inc.
Augusta Richmond GA
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Book 008471073 Augusta - Richmond County
2003010958 04/01/2003 1515:44 02
$0 on WARRANTY DEED
1111/1111111111111111111111111111111111111111111111111111111
2003010958 Augusta - Richmond County
Retumto:
Harry J), Revell
454 Greene Street
Augusta, Georgia 30901
STATE OF GEORGIA )
)
COUNTY OF RICHMOND )
THIS INDENTURE, made this
DEED OF CONVEYANCE
'J.7 l'J:.dayot jJf~
, 2003, by
and between NORDAHL & COMPANY, Inc., as party of the first part, and Augusta,
Georgia, a political subdivision of the State of Georgia, as party of the second part;
WITNESSETH:
That the party of the first part, for and in consideration of the sum of Eleven
Thousand Fifty ($11,050.00) Dollars, in hand paid, at or before the sealing and delivery
of these presence, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presence does hereby grant,
bargain, sell and convey unto the said party of the second part, its successors and
assigns, the property more fully described in Exhibit "A" attached hereto.
This conveyance is made subject to the Georgia Greenspace Program Grant
Award Agreement, dated June 12, 2001, by and between the State of Georgia,
Department of Natural Resources, and Augusta, Georgia; said Agreement being filed of
record in the Office of the Clerk of the Superior Court for Richmond County, Georgia at
Realty Book 755, pages 935-947. Grant funds under said Grant Agreement have been
used in the acquisition of the above described property, and the State of Georgia is a
-" .
Book 008471074 Augusta - Richmond County
2003010958.04/01/2003 15: 15:44.02
,Ii'-
third-party beneficiary of said Grant Agreement, and has a right to require specific
performance of said Grant Agreement and require that the property be returned to the
use as provided in said Grant Agreement.
TO HAVE AND TO HOLD the said property, together with all and singular of the
rights, ways, easements and appurtenances thereof, to the same being, belonging, or in
anywise appertaining, to the only property use, benefit and behoof of the said party of
the second party, its successors and assigns, in fee simple, forever.
And the party of the first part, its successors and assigns, do warrant and will
forever defend the right and title to the above described property unto the said party of
the second part, its successors and assigns, against the claims of all persons
whomsoever.
IN WITNESS WHEREOF, the party of the first part has caused this instrument to
be executed this deed of conveyance the day and year first above written.
wrtne~~ vJ( C.amlLJ---
Notary Pu lie
Richmond County, Georgia
a MARLO M. CARVER
SEAL . Notary Public
" STATE OF GEORGIA
~.. My Comm.Exp. 3/18/07
Book 00847:1075 Augusta - Richmond County
200301095804/01/2003 15:15:44.02
EXHIBIT "A"
All that lot or parcel of land, together with all building and improvements
thereon, situate, lying and being in the State of Georgia, County of Richmond,
containing 5.54 acres on a plat prepared by Southern Partners, Inc., dated
January 19, 1999, which is recorded in the Office of the Clerk of the Superior
Court of Richmond County, Georgia, in Realty Reel 627, page 1291-1296.
Reference is hereby made to said plat for a more complete and accurate
description as to metes, bounds and location of said property.
Filed in this office
Augusta - Richmond County
04/01/2003 151544,02
Elaine C Johnson
..
Book 00850:0702 Augu - Richmond County
2003012668 04/151200 ~:50:4101
$000 DECLARAT' RESTRICTIVE COVENA
1IIIIIIIilii lIiii iiiilili" ., !Iiii iilii iilli liili lilllili
2003012668 ugusta - Richmond County
Book 008680920 Augusta - Richmond County
200303048207/10/200309:3904,00
$0,00 DECLARATION RESTRICTIVE COVENA
Illlllllf!flllilllllUiIIllllInlllfiiilfi 'illli 1111111111111
2003030482 Augusta - Richmond County
Return to:
Harry [), Revell
454 Greene Street
Augusta. Georgia 30901
COUNTY OF RICHMOND
)
)
)
STATE OF GEORGIA
DECLARATION OF RESTRICTIONS AND COVENANTS
This declaration is made this ~7 6 day of /'-z-d....
, 2003, by
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter
referred to as "Declarant").
WITNESSETH:
WHEREAS, Declarant owns the property described on Exhibit "A" attached
hereto and made a part hereof (the "Property") which property was acquired from
Nordahl & Company, Inc. by deed dated~_, 2003, and recorded in the
Office of the Clerk of Superior Court of Richmond County in Realty Book <?4l, pages
.I b7J ; and
WHEREAS, the Property was acquired with Grant Funds pursuant to the Georgia
Greenspace Program Grant Award Agreement dated June 12, 2001, by and between
the State of Georgia, Department of Natural Resources, and Augusta, Georgia,
(hereinafter the "Agreement"); said Agreement being filed of record in the Office of the
1
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Ie mond Count
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Clerk of the Superior Court for Richmond County, Georgia at Realty Book 755, pages
935-947; and
WHEREAS, Augusta, Georgia has designated the Property as Greenspace
Property and has promised, inter alia, to operate and maintain such Property in such a
manner as to achieve one or more of the nine statutory goals of the Georgia
Greenspace Act (O.C.G.A. 936-22-1, et seq.) including, protecting or enhancing water
quality, providing flood protection, providing natural habitat and corridors for native plant
and animal species, protecting archaeological and historic resources, providing passive
recreation, or providing connective links between lands contributing to the goals of the
Georgia Greenspace Act, and Declarant agrees to restrict the user of the Property as
provided herein.
NOW, THEREFORE, for and in consideration of Ten and no/100 Dollars ($10.00)
and for other good and valuable consideration, including the receipt of said Grant funds,
the receipt and adequacy of which is hereby acknowledged and intending to be legally
bound, Declarant does hereby subject the property to the covenants, restrictions and
rights herein stated:
1. Definitions. For purposes of this Declaration, the following terms shall
have the following meanings, unless the context requires otherwise:
2
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(a) "Conservation Easement" means a non-possessiary interest of a
holder in real property imposing limitations or affirmative
obligations, the purposes of which include retaining or protecting
natural, scenic, or open-space values of real property; assuring its
availability for agricultural, forest, recreational, or open-space use;
protecting natural resources; maintaining or enhancing air or water
quality; or preserving the historical, agricultural, archaeological, or
cultural aspect of real property.
(b) "Georgia Greenspace Act" shall mean O.C.G.A. 36-22-1 936-22-1,
et seq.
(c) "Grant Agreement" shall mean that certain Georgia Greenspace
Program Grant Award Agreement dated June 12, 2001, by and
between the State of Georgia, Department of Natural Resources,
and Augusta, Georgia.
(d) "Greenspace" shall mean permanently protected land and water,
including agricultural, and forestry land whose development rights
have been severed from the property, that is in its undeveloped,
natural state and that has been developed only to the extend
3
Book 00868:0923 Augusta - Richmond County
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2003012668 04/15/2003 14:50:41.01
consistent with, or is restored to be consistent with, one or more of
the following goals:
1) Water quality protection for rivers, streams, and lakes;
2) Flood protection;
3) Wetlands protection;
4) Reduction of erosion through protection of steep
slopes, areas with erodable soils, and stream banks;
5) Protection of riparian buggers and other areas such
as marsh, hammocks that serve as natural habitat
and corridors for native plant and animal species;
6) Scenic protection;
7) Protection of archaeological and historic resources;
8) Provision of recreation in the form of voting, hiking,
camping, fishing, hunting, running, jogging, biking,
walking, skating, birding, riding horses, observing or
photographing nature, picnicking, playing non-
organized sports, or engaging in free play; and
4
Book 00868:0924 Augusta - Richmond County
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9) Connection of existing or planned areas contributing
to the goals set out in this paragraph.
Public access is not necessary for property to be counted as
Greenspace.
(e) "Land Trust" shall mean Southeastern Natural Sciences Academy
Land Trust, Inc., a nonprofit corporation organized and existing
under the laws of the State of Georgia, its successors and assigns.
2. Conservation Easement. Grantor hereby subjects said Property to a
Conservation Easement that ensures that the land will be maintained as
Greenspace as defined in the Rules for the Georgia Greenspace Program,
Rule 391-1-4-.01, et seq., incorporated herein by reference, in effect at the
time of this Declaration.
3. Use. The operation, use and maintenance of the Property, and any
improvements, shall be subject to and shall comply with the Conservation
Easement.
4. Covenants RunninQ with the Land. Declarant acknowledges and agrees
that the Conservation Easement is appurtenant to and runs with the land,
5
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and shall be binding and enforceable against Declarant, its successors
and assigns, and any Trustee appointed to manage the Property.
The Conservation easement shall inure to the benefit of the State of Georgia, the
Land Trust, and their respective successors and assigns, and shall be enforceable by
the State of Georgia, its agents or assigns, and Land Trust, its successors and assigns,
in the Superior Court of Richmond County, Georgia.
5. Severability. In the event that any of the provisions contained in this
Declaration shall for any reason held to be invalid, illegal or unenforceable
in any respect in a final ruling or judgment of a court of competent
jurisdiction from which no appeal has been or can be taken, the remainder
of the Conservation Easement shall not be affected thereby and each
term, covenant, condition and provision hereof shall remain valid and
enforceable to the fullest extent permitted by law.
6. General Provisions.
(a) HeadinQs. The use of headings, captions and numbers in this
Declaration is solely for the convenience
(b) Non-Waiver. Failure by any party to complain of any action, non-
action or breach of any other party shall not constitute a waiver of
6
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any aggrieved parties' right hereunder. Waiver by any party of any
right arising from any breach of any other party shall not constitute
a waiver of any other right arising from a subsequent breach of the
same obligation or for any default, pass, present or future.
(c) Time is of Essence of This Declaration.
(d) Applicable Law.
This Declaration shall be governed by,
constructed under, and interpreted and enforced in accordance with
the laws of the State of Georgia.
(e) Venue. Any action to construe or enforce this Covenant shall be
filed in the Superior Court of Richmond County, Georgia.
IN WITNESS WHEREOF, Declarant has signed and sealed this Declaration, on
the day, month and year first above written.
Signed, sealed and delivered
In the presence of
\JfY\~V'Y1 ~ ~.~y:
Witness 'r
By:
N ary Public
Ichmond County, Georgia .J.
14 {b;n,."':.I<;Ih.,, e",,//'K.f 1/t.'1/~
DECLARANT:
7
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_H
Book 00850:0709 AI Lta - Richmond County
2003012668ji11-s/200314:50:41.01
EXHIBIT "A"
, ,
All that lot or parcel of land, together with all building and improvements
thereon, situate, lying and being in the State of Georgia, County of Richmond,
containing 5.54 acres on a plat prepared by Southern Partners, Inc., dated
January 19, 1999, which is recorded in the Office of the Clerk of the Superior
Court of Richmond County, Georgia, in Realty Reel 627, page 1291-1296.
Reference is hereby made to said plat for a more complete and accurate
description as to metes, bounds and location of said property.
Filed in this office:
Augusta - Richmond County
07110/~003 09:39:04,00
Elaine C. Johnson
Clerk of Superior Court
Filed in this off e: t
Augusta - Ri 1~~n~. ~~un y
. D4rrSi2003 ; ";,JV,...."v ,
Elaine C ohnson
-,
Lb
EXHIBIT "A"
All that lot or parcel of land, together with all building and improvements
thereon, situate, lying and being in the State of Georgia, County of Richmond,
containing 5.54 acres on a plat prepared by Southern Partners, Inc., dated
January 19, 1999, which is recorded in the Office of the Clerk of the Superior
Court of Richmond County, Georgia, in Realty Reel 627, page 1291-1296.
Reference is hereby made to said plat for a more complete and accurate
description as to metes, bounds and location of said property.
t'
;.
GF-C1813- Georgia
Title Insurance Commitment
COMMITMENT FOR TITLE INSURANCE
ISSUED THROUGH THE OFFICES OF
Attorneys' Title Guarantv Fund, Inc.
THE GEORGIA ATTORNEYS' ORGANIZATION SPECrALL Y ORGANIZED TO
PROVIDE COMPLETE TITLE ASSURANCE
BY ITS MEMBER
HARRY B. J1\MES, III
has caused FIRST AMERICAN TITLE INSURANCE COMPANY to issue this commitment for title
insurance.
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the
Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance as
identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of
the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and
Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the
time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six (6) months after the Effective Date hereof or
when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to
issue such policy or policies is not the fault of the Company.
This Commitement shall not be valid or binding until Schedule A has been countersigned by either a
duly authorized agent or representative of the Company and Schedule B-1 and B-II have been attached
hereto.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to
become valid when countersigned by an authorized officer or agent of the Company, all in accordance with
its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date".
/
First American Title Insurance Company
::ES~~ IL ~ :::::
-:
"
-
\
STANDARD EXCEPTIONS FOR OWNER'S POLICY
The owner's policy will be subject to the mortgage, if any, noted under item one of Item 4
of Schedule B-1 hereof and to the following general exceptions:
1. Rights or claims of parties in possession not shown by the publi~ records.
2. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be
disclosed by an accurate surveyor inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
5. Any adverse claim to any portion of said land which has been created by artifical means
or has accreted to any such portion so created and riparian rights, if any.
6. Taxes or special assessments which are not shown as existing liens by the public records.
CONDITIONS AND STIPUA TIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other
security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance,
adverse claim or other matter affecting the estate or interest or mortgage thereon covered by
this Commitment other than those shown in Schedule B-1 and Schedule B-II hereof, and
shall fail to disclose such knowledge to the Company in writing, the Company shall be
relieved from liability for any loss or damage resulting from any act of reliance hereon to the
extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed
Insured shall disclose such knowledge to the Company, or if the Company otherwise
acquires actual knowledge of any such defect, lien, encumbrance, adverse claim, or other
matter, the Company at its option may amend Schedule B-1 and/or Schedule B-II of this
Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed
Insured and such parties included under the definition of Insured in the form of policy or
policies committed for and only for actual loss incurred in reliance hereon in undertaking in
good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown
in Schedule B-1 or (c) to acquire or create the estate or interest or mortgage thereon covered
by this Commitment. In no event shall such liability exceed the amount stated in Schedule
A for the policy or policies committed for and such liability is subject to the insuring
provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring
against the Company arising out of the status of the title to the estate or interest or the status
of the mortgage thereon covered by this Commitment must be based on and are subject to
the provisions of this Commitment.
.~
J '
ATGF 1813-A
Title Insurance Commitment
(REV 9/78)
Attorneys' Title Guaranty Fund, Inc.
SCHEDULE A
Agent's
File No: 580
Commitment No. GFC 580
Date Effective: February 28, 2003 10:00 A.M.
Amount of Policy: $22,100.00
2. Policy or Policies to be issued:
(a) A.L.TA Owner's Policy Form - 1992
Proposed Insured: AUGUSTA, GEORGIA, a political subdivision of the State of Georgia
(b) A.L.T.A. Loan Policy - 1992 Amount of Policy:
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is an estate or
interest designated as follows:
Fee Simple
4. Title to the estate or interest in the land described or referred to in this Commitment and covered herein (and
designated as indicated in No.3 above) is, at the effective date hereof, vested in:
NORDAHL & COMPANY, INC.
5. The land referred to in this Commitment is in the State of Georgia County of Richmond
and described as follows:
All that lot or parcel of land, together with all building and improvements thereon, situate, lying and being in
the State of Georgia, County of Richmond, containing 5.54 acres on a plat prepared by Southern Partners,
Inc., dated January 19, 1999, which is recorded in the Office of the Clerk of the Superior Court of Richmond
County, Georgia, in Realty Reel 627, page 129]-]296. Reference is hereby made to said plat for a more
complete and accurate description as to metes, bounds and location said property.
By:
.... .
ATGF 1813-8-1
Title Insurance
Commltment-(AEV 9(78)
Attorneys Title Guaranty Fund, Inc.
SCHEDULE B-1
(Exceptions)
Issuing Office File No,: 580
Commitment No. GF-C 580
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to
the satisfaction of the Company,
1. Defects, liens, encumbrances. adverse claims, or other matters, if any. created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest
or mortgage thereon covered by this Commitment.
2. Any owner's policy issued pursuant hereto will contain under Schedule B the General Exceptions set forth al the inside cover
hereof. Any loan policy will contain under Schedule B General Exceptions 1, 2, 3 & 5 unless a satisfactory survey and inspection
of the premises is made and will contain General Exceptions 4 and 6.
3. In the event this Commitment is issued with respect to a construction loan to be disbursed in Mure periodic installments, then
the policy shall contain an additional exception which shall read as follows:
.Pending disbursement of the full proceeds of the loan secured by the mortgage insured, this policy only insures the amount
actually disbursed, but increases as proceeds are disbursed in good faith and without knowledge of any intervening lien or interest
to or for the account of the mortgagor up to the amount of the policy. Such disbursement shall not extend the date of the policy or
change any part thereof unless such change is specifically made by written endorsement duly issued on behalf of the Company.
Upon request by the insured (and payment of the proper charges therefor,) the Company will search the public records subsequent
to the date of the policy and furnish to the insured a continuation report showing such matters affecting title to the land as they have
appeared in the public records subsequent to the date of the policy or the date of the last preceding continuation report. and if such
continuation report shows intervening lien, or liens, or interest to or for the account of the mortgagor, then in such event this policy
does not increase in liability unless such matters as actually shown on such continuation report are removed from the public
records by the insured."
4, A1i state and clJunty taxes for the year 2003 and all taxes for subsequent years.
5. The exact location of boundary lines, unrecorded easements, possible encroachments and other facts or conditions which would
be disclosed by an accurate survey and inspection of the property; possible liens of architects, laborers or materialmen for
improvements of the property, not filed for record at the effective date hereof, and rights, if any, of persons who may be in
possession under claims not appearing of record.
.
.
..-
....... I
,.
ATGF 1813-6-11
Title Insurance
Commitment
(REV, 8/78)
Attorneys Title Guaranty Fund, Inc.
SCHEDULE 8-11
(Requirements)
Agent File No, 580
Commitment No. GF-C 580
REQUIREMENTS TO BE COMPLIED WITH, DEFECTS AND OBJECTIONS TO BE REMOVED OR ELIMINATED AND LIENS
AND ENCUMBRANCES TO BE SATISFIED AND DISCHARGED OF RECORD BEFORE POLICY OF TITLE INSURANCE WILL
BE ISSUED WITHOUT EXCEPTION THERETO,
Item 1. Proper documents creating the estate or interest to be insured must be executed and duly filed for record, to wit:
a. Limited Warranty Deed conveying Fee Simple Title to the within described parcels from Nordahl & Company, Inc.,
to the City of Augusta, Georgia, referencing that the State of Georgia is a third-party beneficiary under the Georgia
Greenspace Program and the specific language as required for the acquisition of greenspace property when grant
funds are used.
Item 2. Submit proof satisfactory to the Company of the payment to, or for the account of, the sellers or mortgagors of the full
consideration for the estate or interest to be insured.
Item 3. Submit proof satisfactory to the Company of rights or claims of parties in possession,
Item 4. Submit proof satisfactory to the Company showing full payment for all labor performed, services and materials furnished
within the period provided by law for filing claims of liens,
Item 5. Submit proof satisfactory to the Company covering all questions of accuracy or location of boundary lines, location of
improvement, encroachments, easements, area and all other matters whatsoever which an accurate survey might show,
Exception will be made only to such matters adversely affecting title as are disclosed by such survey,
fiM~t AmericOlEl li1tle InsVlff'81fIJ1<<::e (;@!lTfl1[p:FJfIJ1Y
BYOJ~xI~
~",\ ATIEST /J111AL J!.. ~ SECRETARY
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Policy No. GF . OP . 5 3 9 0 4 l~ 0
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GF, OP 1814 Georgia
AL T A oWner's Policy
(10117192)
TITLE OPINION
The undersigned member of Attorneys' Title Guaranty Fund, Inc. renders to the insured named in the policy the opinion that, based
upon matters correctly indexed upon the public records of the county in which the land described in Schedule A of the policy is
located (the term "land" being more particularly defined in the Conditions and Stipulations of the policy) and subject to the
Exclusions from Coverage hereinafter set forth, the Exceptions contained in Schedule B and the Conditions and Stipulations of the
policy, the estate or interest described in Schedule A is vested in the insured at Date of Policy free of all encumbrances, liens and
other objections, and has caused to be issued the following policy of title insurance.
BY: HARRY B. JAMES, III
ATIORNEYS' TITLE GUARANTY FUND MEMBER
IFirtffj({' J~[(J!ilj~[fiCC@J!Jl 7IJj~Pcg J/J1J1~Tl!1Jf@JJJJ(Ccg ([;((J)[{jffjfPJ@[[}]J!
(Q~YNlEIlli~~ JP([J)ILIT(C]Y (Q)W l1IT1rlLIE ITN~1UIAN(cIE
ISSUED THROUGH A MEMBER OF
~'J,~~@ J[fJ@W~ 0 u~li~@ (@ (tJJ@[J@[fj)liW ~(tJJ [f1J@ 9 ~ [f1J~o
THE GEORGIA ATIORNEYS' ORGANIZATION SPECIALLY ORGANIZED TO
PROVIDE COMPLETE TITLE ASSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND
THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called
the Company, insures, as of Date of Polley shown in Schedule A, against loss or damage, not exceeding the Amount of
Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or Interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the
extent provided In the Conditions and Stipulations.
This polley shall not be valid or binding without Schedules A and B.
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Schedule A for use with Owner's Policy
Attorneys' Title Guaranty Fund, Inc.
SCHEDULE A
Agent's File No:
580
Policy No. GF-OP-53904
Date of Policy:
February 28, 2003 10:00 AM.
Amount of Insurance: $22,100,00
1, Name of Insured: AUGUSTA, GEORGIA, a political Subdivision of the State of Georgia
2, The estate or interest in the land described herein and which is covered by this policy is an estate or interest designated as
follows:
Fee Simple
3. Title to the estate or interest referred to herein is at the Effective Date of this Policy vested in the Insured.
4, The land herein described is encumbered by the following mortgage and assignments, if any: None
And the mortgages, if any, shown in Schedule B hereof.
5, The land referred to in this policy is in the State of
and is described as follows:
Georaia
County of
Richmond
All that lot or parcel of land, together with all building and improvements thereon, situate, lying and being in
the State of Georgia, County of Richmond, containing 5.54 acres on a plat prepared by Southern Partners,
Inc., dated January 19, 1999, which is recorded in the Office of the Clerk of the Superior Court of Richmond
County, Georgia, in Realty Reel 627, page 1291-1296. Reference is hereby made to said plat for a more
complete and accurate description as to metes, bounds and location said property.
By:
~.
Schedule B For Use With Owner's Policy
Attorneys J Title Guaranty Fund, Inc.
SCHEDULE B
Agent's File No:
580
Policy No. GF-OP-53904
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees or expenses which arise by
reason of the following exceptions:
General Exceptions:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records,
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate surveyor
inspection of the premises,
4, Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown
by the public records.
5. Any adverse claim to any portion of said land which has been created by artificial means or has accredit to any such
portion so created and riparian rights, if any,
6. Taxes or special assessments which are not shown as existing liens by the public records,
Special Exceptions
7. The mortgage, if any, referred to in Item 4 of Schedule A.
8. The lien of all taxes for the year 2003, and all subsequent years,
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The coverage of this policy shall continue In force as of Date
of Policy in lavor of an insured only so long as the Insured
_ retains ar. estate or interesUn the land, or holds an indebted-
ness secured by a purchase money mortgage given by a
purchaser from the Insured, or only so long as the insured shall
have liability by reason of covenants of warranty made by the
Insured In any transfer or conveyance of the estate or interest
This policy shall not continue in force in favor of any purChaser
from the insured of either (i) an estate or interest In the land or
(ii) an indebtedness secured by a purchase money mortgage
given to the insured,
3, NOTICE OF CLAIM TO BE GIVEN BY
INSURED CLAIMANT,
, The insured shall notify the Company promptly In writing (I)
In case of any litigation as set forth in Section 4(a) below. (ii) in
case knowledge shall come to an insured hereunder of any
claim of title or Interest which ,s adverse to the title to the
estate or interest. as insured, and which might cause loss or
damage for which the Company may be liable by virtue of this
policy, or (iii) if title to the estate or interest. as insured. is
rejected as unmarketable, If prompt notice shall not be given to
the Company, then as to the insured all liability of the Com-
pany shall terminate with regard to the matter or matters for
which prompt notice is requ,red: provided, however, that
failure to notify the Company shall in no case prejudice the
rrghts of any Insured under this policy unless the Company
shall be prejudiced by the failure and then only to the extent of
the prejudice,
4, DEFENSE AND PRDSECUTION OF ACTIONS;
DUTY OF INSURED CLAIMANT TO COOPERATE,
(a) Upon written request by the insured and sublect to
the options contained In Section 6 of these Conditions and
Stipulations, the Company, at its own cost and without unrea-
sonable delay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to
the title "r interest as insured, but only as to those stated
causes ot act,on alleging a defect, lien or encumbrance or other
matter insured against by this policy, The Company shall have
the right to select counsel of its choice (subject to the right of
the insured to object for reasonable cause) to represent the
Insured as to those stated causes of action and shall not be
liable for and will not pay the fees of any other counsel The
Company Will not pay any fees, costs or expenses incurred by
the Insured In the defense of those causes of action which
allege matters not insured agamst by this policy,
, , (b) The Company shall have the right at its own cost. to
Institute and prosecute any action or proceeding or to do any
other act wh,ch In Its opinIOn may be necessary or desirable to
establish the t,tle to the estate or Interest. as insured, or to pre-
vent or reduce loss or damage to the Insured The Company
may take any ap~roprlate act,on under the terms of this policy,
whether or not ,t shall be liable hereunder, and shall not
thereby concede liability or waive any prov,sion of this policy
If the Company shall exercise its rights under this paragraph
it shall do so diligently .
. (c) Whenever the Company shall have brought an
actlonor Interposed a defense as required or permitted by the
prov,slons of thiS pol,cy. the Company may pursue any litiga-
tion to final determlnat,on by a court of competent jurisdiction
and expressly reserves the right. in its sole discretion. to
appeal from any adverse judgment or order
(d) In all cases where this pOlicy permits or requires the
Company to prosecute or prOVide lor the defense of any action
or proceeding, the Insured shall secure to the Company the
rrghtto so prosecute or prov,de defense in the action or pro-
ceeding, and all appeals therein, and permit the Company to
use, at tlS opt,on, the name of the insured for this purpose,
Whenever requested by the Company, the insured, at the Com-
pany's expense, shall give the Companx all reasonable aid (i)
In any act,on or proceeding, securrng eVidence, obtaining wit-
nesses, prosecuting or defending the action or proceeding, or
eHectlng settlement, and (II) In any other lawful act which in
the opinion of the Company may be necessary or desirable to
establish the title to the estate or interest as insured, If the
Company is prejudiced by the lailure 01 the Insured to furnish
the required cooperation, the Company'S obligations to the
Insured under the policy shall terminate, Including any liability
or obligation to defend, prosecute, or continue any litigation,
With regard to the matter or matters requiring such c()()~eration
5, PROOF OF lOSS OR DAMAGE,
In addition to and after the notices reqUired under Section 3
of these Conditions and Stipulations have been provided the
Company, a proof of loss or damage signed and sworn to by the
Insured claimant shall be furnished to the Company Within 90
days after the Insured claimant shall ascertain the facts giving
rrse to the loss or damage, The proof of loss or damage shall
describe the defect in, or lien or encumbrance on the title, or
other matter Insured against by This pol,cy which constitutes
<
tender of payment and whic,h the Company is obligated to pay,
(II) upon the exercise by the Company of this option,
all liability and obligations to the insured under this policy,
other than to make the payment required, shall terminate,
including any liability or obligation to defend, prosecute or
continue any litigation, and the policy shall be surrendered to
the Company for cancellation,
(b) To Pavor Otherwise Settle With Parties Other than
the Insured or With the Insured Claimant.
(i) to payor otherwise settle with other parties for or
tIl the roJme of an insured claimant any claim insured against
under this policy, together with any costs, attorneys' fees and
expenses tIlcurred by the tIlsured claimant which were
authorized by the Company up to the time of payment and
which the Company is obligated to pay; or
(ii) to payor otherwise settle with the insured claim-
ant the loss or damage provided for under this policy, together
With any costs, attorneys' fees and expenses incurred by the
tIlsured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated
to pay,
Upon the exercise by the Company of either of the options
provided for in paragraphs (b)(i) or (il), the Company's obli-
gations to the insured under this policy for the claimed loss or
damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, pros-
ecute or continue any litigation.
7, DETERMINATION, EXTENT OF LIABILITY
AND COINSURANCE,
This pOlicy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the insured
claimant who has suffered loss or damage by reason of mat-
ters tIlsured agatllst by this policy and only to the extent herein
described,
(a) The liability of the Company under this policy shall
not exceed the least of:
(il the Amount of Insurance stated in Schedule A or
(ii) the difference between the value of the ins~red
estate or interest as insured and the value of the insured
estate or interest subject to the defect. lien or encumbrance
tIlsured against by this policy.
(b) In the event the Amount of Insurance stated in
Schedule A at the Date of Policy is less than 80 percent of the
value of the tIlsured estate or interest or the full consideration
Daid for the land, whichever is less, or if subsequent to the Date
of Policy an improvement is erected on the land which in-
creases the value of the insured estate or interest by at least
20 percent over the Amount of Insurance stated in Schedule A,
then this Policy is subject to the following
(i) where no subsequent improvement has been
made, as to any partial loss, the Company shall only pay the
loss pro rata tIl the proportion that the amount of insurance at
Date of Policy bears to the total value of the insured estate or
Interest at Date of Policy: or (ii) where a subsequent
Improvement has been made, as to any partial loss, the Com-
pany shall only pay the loss pro rata in the proportion that 120
percent of the Amount of Insurance stated in Schedule A bears
to the sum 0: the Amount of Insurance stated in Schedule A and
the amount expended for the ir;]provement,
The pr~visions of this paragraph shall not apply to costs,
attorneys fees and expenses for which the Company is Iiab!e
under thiS policy. and shall only apply to that portion of any
loss which exceeds, tIl the aggregate, 10 percent of the
Amount of Insurance stated in Schedule A,
(cl The Company will pay only those costs, attorneys' fees
and expenses tIlcurred tIl accordance with Section 4 of these
Conditions and Stipulations,
8. APPORTIONMENT.
If the land described in Schedule (AIlCl consists of two or
more parcels which are not used as a stllgle site and a loss is
established affecting one or more of the parcels but not all, the
loss shall be computed and settled on a pro rata basis as if the
amount of insurance under this policy was divided pro rata as
to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to
Date of POliCy, unless a liability or value has otherwise been
agreed upon as to each parcel by the Company and the insured
at the time of the Issuance of this policy and shown by an ex-
press statement or by an endorsement attached to this policy,
9, LIMITATION OF LIABILITY,
(a) If the Company establishes the title, or removes the
alleged defect, lien or encumbrance, or cures the lack of a right
of access to or from the land, or cures the claim of unmarket,
ab,lity of title, all as tIlsured, in a reasonably diligent manner by
any method, tIlcludtllg Iltlgal,on and the completion of any
appeals therefrom, It shall have fully performed its obligatIOns
w,th respect to that matter and shall not be liable for any loss
or damage caused thereby,
the Company unaHected by any act of the insured claimant
The Company shall be subrogated to and be entitled to all
. rights and remedies which the tIlsured claimant would have
had against any person or property in respect to the claim
had this poliCY not been issued, If requested by the Com-
pany, the insured claimant shall transfer to the Company all
rrghts and remedies against any person or property
necessary tIl order to perfect this right of subrogation, The
tIlsured claimant shall permit the Company to sue, com-
promise or settle tIl the name of the insured claimant and to
use the name of the insured claimant in any transaction or
litigatIOn tIlvolvtllg these rights or remedies,
If a payment on account of a claim does not fully cover the
loss of the insured claimant, the Company shall be sub-
rogated to these rights and remedies in the proportion which
the Company's payment bears to the whole amount of
the loss,
If loss should result from any act of the insured claimanl
as stated above, that act shall not void this policy, but the
Company, tIl that event, shall be required to pay only that
part of any losses tIlsured against by this policy which shall
exceed the amount, if any, lost to the Company by reason of
the Impairment by the tIlsured claimant of the Company's
right of subrogation,
(b) The Company's Rights Against non-insured
Obligors,
, The Company's right of subrogation against non-
tIlsured obligors shall eXist and shall tIlclude without limita-
tion, the ri~hts of the insured to indemnities, guaranties,'
other poliCies of tIlsurance or bonds, notwithstanding any
terms or conditions contatlled in those instruments which
provide for subrogation rights by reason of this policy,
14, ARBITRATION.
Unless prohibited by applicable law, either the Company
or the Insured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration
ASSOCiation, Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company
and the tIlsured arrstllg out of or relating to this policy, any
serv,ce of the Company tIl connection with its issuance or
the breach of a pOlicy provision or other obligation, All
arbitrable matters when the Amount of Insurance is
$1,000,000 or less shall be arbitrated at the option of either
the Company or the insured, All arbitrable matters whell the
Amount of Insurance is in excess of $1,000,000 shall be
arbitrated only when agreed to by both the Company and the
tIlsured, Arbitration pursuant to this poliCY and under the
Rules tIl effect on the date the demand for arbitration is made
or, at the option of the insured, the Rules in effect at Date ot
Policy shall be binding upon the parties, The award may
tIlclude attorneys' fees only if the laws of the state in which
the land is located permit a court to award attorneys' fees to
a prevailing party, Judgment upon the award rendered by the
Arbltrator(s) may be entered tIl any court having juris-
diction thereof,
The law of the situs of the land shall apply to an arbitration
under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company
upon request.
15. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT,
(a) This poliCY together with all endorsements, if any,
attached hereto by the Company is the entire pOlicy and con-
tract between the insured and the Company, In interpreting
any prOVISion of this ~olicy, this pOlicy shall be construed as
a whole,
(b) Any claim of loss or damage, whether or not based
on negligence, and which arises out of the status of the title
to the estate or interest covered hereby or by any action as-
serttllg such claim, shall be restricted to this policy,
(c) No amendment of or endorsement to this poliCy
can be made except by a writing endorsed hereon or
attached hereto signed by either the President, a Vice Presi-
dent, the Secretary. an Assistant Secretary, or validating
officer or authorized signatory of the Company,
16. SEVERABILITY,
In the event any proviSion of the policy is held invalid or
unenforceable, under applicable law, the poliCY shall be
deemed not to tIlclude that provision and all other provisions
shall remain in full force and effect.
17. NOTICES, WHERE SENT,
All notices required to. be given the Company and any
statement In Writtllg reqUired to be furnished the Company
shall Include the number ,of this policy and shall be
addressed to the Company at 114 East Fifth Street, Santa
Ana, California 92701, or to the office which issued this
policy,